Cruelty committed in UK by NRI husband

by

My husband is a British citizen, and I’m his wife, an Indian citizen. We married on 6 May 2018 in India. After that, my husband was doing my visa of UK when he left India after marriage to the UK. I got my UK visa I went to the UK, and I lived there for two months.

There I was harassed by my husband. Then I said to my parents living in India, and then I was called to India by my parents, and my husband and I came to India. Moreover, then my husband went back to Uk without informing me, and now I m in India, and my husband is in the UK, and he is not receiving my call and messages. No support from there family and his whole family is not accepting my request and message. My mobile, passport and document are with my husband. Please, can you help me with what I could do?

No doubt, your husband has committed the offence of cruelty punishable under section 498 A of the Indian Penal Code. But, he is a British citizen and more importantly he committed the said offence in the UK. Hence, the Indian court lacks territorial jurisdiction in your case.

Section 4 of the Indian Penal Code confers jurisdiction upon Indian courts if a foreign citizen commits the offence. A foreigner is triable in India if he determines crime in

  • India or
  • on any ship or aircraft registered in India

In your case, the cruelty took place in the UK thus the matter is beyond the jurisdiction of Indian courts. If you move a complaint before the court for the offence of cruelty, then it shall be rejected by the court for want of jurisdiction [Fatma Bibi Ahmed Patel v. State of Gujarat, (2008) 6 SCC 789]

If few acts of cruelty were committed in India and remain to continue in the UK; then you can file a complaint in India. In other words, if the act committed in the UK is the part of the same transaction or furtherance of cruelty committed in India, then Indian court can take cognisance. Upon fulfilment of the above conditions, the court will have jurisdiction to take notice of your case. [Gyan Singh v. State of Rajastha (2000) DMC 634]

If you establish the authority of Indian court over the matter, then you can move complaint not only for the offence of cruelty but you can also move a complaint under

  • Domestic Violence Act
  • Section 406 IPC (for withholding your documents)

You should collect enough evidence to prove your case at the stage of filing the complaint. The complaint must show that offence of cruelty has been committed by the accused and it is triable by the Magistrate. The complaint must prima facie proves the commission of the offence and supported by cogent evidence. 

Image courtesy: google.com 

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

Talk to Advocate

Talk to advocate on phone for 30 minutes and get solid legal advice 

Husband has left me and making demand of dowry

I am living separately because my husband has left me. One year has gone, but my husband doesn't want to give alimony or bear my expenses. He is using my ATM also for his purpose as well as demanding dowry from me. What could I do? Question from - Criminal Law |...

Demand of additional expenses incurred in upbringing of child

One of my cases has settled under an agreement of paying rs. 8500/month and educational expenses of the child, which I am paying every month without any due. This year also, I have paid for books and uniform materials. However, now, the wife is asking to pay for the...

Maintenance of aged parents or senior citizen

I am a widow as well a senior citizen of India. I want to know about the maintenance rights of my son. What is my maintenance rights as per the Indian law? Question from - Maintenance | Section 125 CrPCIndia is the home of more than 81 million senior citizens. It is...

Stepmother is entitled for maintenance under section 125 crpc

I am a destitute lady; my husband died in the year 2000. My stepson is refusing to maintain me, and I have no child. Can I claim maintenance from my stepson?Question from - Maintenance | Section 125 CrPCIf the mother is living under destitution, she is entitled to...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to a Lawyer Today!

Book a phone consultation for 30 minutes and get solid advice on the phone

Contact a lawyer in Lucknow

30 Min. Consultation

Subscribe

Join Our Newsletter

Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts

Share via